§ 2467. Order to be filed and recorded. SUPP to act indem such An order appointing a receiver, or extending a receivership, must be filed in the office of the clerk of the county, wherein tear the judgment-roll in the action is filed; or, if the special pro-his ceeding is founded upon an execution issued out of a court,urt or other than that in which the judgment was rendered, in the sect office of the clerk of the county, wherein the transcript of the ithout judgment is filed. Co. Proc., part of § 298. § 2468. When property is vested in receiver. of a Cou The property of the judgment debtor is vested in a receiver,ounty who has duly qualified, from the time of filing the order appoint of ing him, or extending his receivership, as the case may berei subject to the following exceptions: orde 1. Real property is vested in the receiver, only from the time sec when the order, or a certified copy thereof, as the case may be, te is filed with the clerk of the county where it is situated. 2. Where the judgment debtor, at the time when the order is filed, resides in another county of the State, his personal propsted erty is vested in the receiver only from the time when a copy c of the order, certified by the clerk in whose office it is recorded, its is filed with the clerk of the county where he resides. Id., § 298. 2469. How receiver's title to personal property extended by relation. Where the receiver's title to personal property has become vested, as prescribed in the last section, it also extends back by relation, for the benefit of the judgment creditor in whose behalf the special proceeding was instituted as follows: 1. Where an order, requiring the judgment debtor to attend and be examined, or a warrant, requiring the sheriff to arrest him and bring him before the judge, has been served, before the appointment of the receiver, or the extension of the receivership, the receiver's title extends back, so as to include the personal property of the judgment debtor, at the time of the service of the order or warrant. 2. Where an order or warrant has not been served, as specified in the foregoing subdivision, but an order has been made, requir ing a person to attend and be examined, concerning property belonging, or a debt due, to the judgment debtor, the receiver's title extends to the personal property belonging to the judgment debtor, which was in the hands, or under the control, of the person or corporation thus required to attend, at the time of the service of the order; and to a debt then due to him from that! person or corporation. 3. In every other case where notice of the application for the appointment of the receiver was given to the judgment debtor, the receiver's title extends to the personal property of the judg ment debtor, at the time when the notice was served, either personally or by complying with the requirements of an order, prescribing a substitute for personal service. 4. Where the case is within two or more of the foregoing subdivisions of this section, the rule most favorable to the judgment creditor must be adopted. 2 Re 5. [Added, 1892.] No person shall be appointed a receiver in this State who is not a resident thereof, nor shall any person o act as receiver after he ceases to be a resident thereof, udgment creditor may apply to the court or judge that such receiver, within thirty days after said receiver De a resident of this State, for the appointment of another his place, upon such notice to the persons interested art or judge may direct. s section does not affect the title of a purchaser in good hout notice, and for a valuable consideration; or the of a debt in good faith, and without notice. County clerk to record orders, etc.; penalty for as County clerk must keep in his office a book, indexed to ., § 298. See §§ 1247 and 1248, ante. 1. Receiver to be subject to control of court. 675 4 TITLE XIII. Proceedings to compel the delivery of books to a public officer. Sec. 2471a. Delivery of books and papers, how enforced. § 2471a. [Added, 1893.] Delivery of books and papers, how enforced. A public officer may demand from any person in whose pos session they may be, a delivery to such officer of the books an papers belonging or appertaining to such office. If such deman is refused, such officer may make complaint thereof to any js tice of the supreme court of the district, or to the county jud of the county in which the person refusing resides. If su justice or judge be satisfied that such books or papers are wit held, he shall grant an order directing the person refusing to show cause before him at a time specified therein, why he shor not deliver the same. At such time, or at any time to which the matter may be adjourned, on proof of the due service of order, such justice or judge shall proceed to inquire into the circumstances. If the person charged with withholding s books or papers makes affidavit before such justice or judge tha he has delivered to the officer all books and papers in his custeg which, within his knowledge, or to his belief belong or app tain thereto, such proceedings before such justice or judge shi cease, and such person be discharged. If the person complain against shall not make such oath, and it appears that any s books or papers are withheld by him, such justice or judge sht commit him to the county jail until he delivers such books 24 papers, or is otherwise discharged according to law. On s commitment, such justice or judge, if required by the comple ant, shall also issue his warrant directed to any sheriff or es stable, commanding him to search, in the daytime, the plac designated therein, for such books and papers, and to bring th before such justice or judge. If any such books and papers brought before him by virtue of such warrant, he shall dete mine whether they appertain to such office, and if so shall cast them to be delivered to the complainant. L. 1893, ch. 179. 676 CHAPTER XVIII. gates' Courts, and Proceedings Therein. Organization, Jurisdiction, and Powers of the Court. Duties, Powers, and Disabilities of the Surrogate, and the Officers of the Court. Miscellaneous Provisions. Provisions Relating Generally to the Proceedings in Surrogates' Courts, and to Appeals from those Courts. ranting and Revoking Probate, Letters Testamentary, and Letters of Administration. Foreign Wills; Ancillary Letters. 'roceedings by or against an Executor or Administrator, Touching the Administration and Settlement of the Estate. Disposition of the Decedent's Real Property, for the Payment of Debts and Funeral Expenses. Distribution of the Proceeds. rovisions Relating to a Testamentary Trustee. rovisions Relating to a Guardian. TITLE I. n, jurisdiction, and powers of the court. Duties, nd disabilities of the surrogate, and the officers rt. Miscellaneous provisions. diction of the court, and authority of the surrogate. ral duties and disabilities of the surrogate, or temporary ion of the court, and authority of the surrogate. ral jurisdiction of surrogate's court. mption of jurisdiction. liction not lost by defect in record. of exercise of jurisdiction. sive jurisdiction. rrent jurisdiction of two or more surrogates. liction, how affected by locality of debts. liction in new or altered county. ransfer of proceedings to proper county. ntal powers of the surrogate. cation of chapter; confirmation of previous acts. eral jurisdiction of surrogate's court. kate must hold, within his county, a court, which con to the powers conferred upon it, or upon the special provision of law, jurisdiction, as follows: he proof of wills; to admit wills to probate; to reate thereof; and to take and revoke probate of and revoke letters testamentary and letters of adand to appoint a successor in place of a person have been revoked. and control the conduct, and settle the accounts, administrators, and testamentary trustees; to retary trustees, and to appoint a successor in place ary trustee so removed. 4. To enforce the payment of debts and legacies; the distribution of the estates of decedents; and the payment or delivery, by executors, administrators, and testamentary trustees, of money or other property in their possession, belonging to the estate. 5. To direct the disposition of real property, and interests in real property, of decedents, for the payment of their debts and funeral expenses, and the disposition of the proceeds thereof. 6. To administer justice, in all matters relating to the affairs of decedents, according to the provisions of the statutes relating thereto. 7. To appoint and remove guardians for infants; to compel the payment and delivery by them of money or other property be longing to their wards; and, in the cases specially prescribed by law, to direct and control their conduct, and settle their accounts. This jurisdiction must be exercised in the cases, and in the manner, prescribed by statute. 2 R. S. 220, § 1 (2 Edm. 229); also L. 1874, ch. 267 (9 Edm. 884). § 2473. Presumption of jurisdiction. Where the jurisdiction of a surrogate's court to make, in a case specified in the last section, a decree or other determination. is drawn in question collaterally, and the necessary parties we duly cited or appeared, the jurisdiction is presumptively, and, the absence of fraud or collusion, conclusively, established, an allegation of the jurisdictional facts, contained in a writte petition or answer, duly verified, used in the surrogate's cour The fact that the parties were duly cited is presumptively prove by a recital to that effect in the decree. L. 1870, ch. 359, § 1. 2474. Jurisdiction not lost by defect in record. The surrogate's court obtains jurisdiction in every case by the existence of the jurisdictional facts prescribed by statute, by the citation or appearance of the necessary parties. An obje tion to a decree or other determination, founded upon an on sion therein, or in the papers upon which it was founded, of th recital or proof of any fact necessary to jurisdiction, which ac ally existed, or the failure to take any intermediate proceedi required by law to be taken, is available only upon appeal. B for the better protection of any party, or other person intereste the surrogate's court may, in its discretion, allow such a defei to be supplied by amendment. L. 1869, ch. 260, § 1 (7 Edm. 433); L. 1870, ch. 359, § 1, and L. 1872 92 (9 Edm. 327). 2475. Effect of exercise of jurisdiction. Jurisdiction, once duly exercised over any matter, by a sur gate's court, excludes the subsequent exercise of jurisdiction" another surrogate's court, over the same matter, and all its in dents, except as otherwise specially prescribed by law. Whe a guardian has been duly appointed by, or letters testamenta" or of administration have been duly issued from, or any ot special proceeding has been duly commenced in, a surroga court having jurisdiction, all further proceedings, to be taken a surrogate's court, with respect to the same estate or matte must be taken in the same court. 2 R. S. 222, § 12 (2 Edm. 232); 2 R. S. 61, § 28 (2 Edm. 61); 2 R, S. 1** 24 (2 Edm. 121). |